musicbrick.com

TESTING

If you’ve no idea what this is about, and you want to know more please click here, otherwise this is a diary of my attempts to stop a multi million pound American company from opposing my trademark and taking my website name. Just received an email from my solicitor explaining that Fisher and Richardson PC acting on behalf of an American company Coupon Inc have opposed my trademark application on the grounds of what only they seem to understand.   

Clothes off!
Calendar time… When the second letter confirming their opposition arrived, we had friends around at the house. I was a bit more gutted than normal because the letter landed on my birthday. Lol. I explained what had happened and their response was instant… What can we do to help? Within an hour they had twelve names that were prepared to make a ‘Calendar Girls’ style stand in support of musicbrick.com, nothing tacky (one of them is my mum) but definitely focused towards music. Four prepared to fly over from the UK, the other seven our friends and one my mum … Dates and times for an action plan have been arranged for next week. So watch this space and I’ll let you know more. Seriously though, I’m honoured and humbled to think our friends would be prepared to support musicbrick.com in this way.

Thinking about choosing 12 musicbricks then finding the different album covers and 'squeezing' one of our vlounteers in there… One of the girls asked if she can be digitally enhanced to be a size 10. (not me mum)

Any ideas for good album covers let me know...

I’ve got to speak with the solicitor this week to find out what the options are… The last letter I sent cost £300 through the solicitor and that nearly killed me! So 2,3,4,5 letters later… forget it! Maybe there’s an easy way out! 

Gloves off!
What really pisses me off though;

1. They keep giving me dates to respond by, which by the time I receive their letter is about seven days…  by not responding they can win the opposition on the grounds of ‘Non-commitment’ on my part.

1. They keep crossing every ‘t’ and dotting every ‘i’, yet still manage to misspell at least one of their trademarks to bring it into line with mine eg “Our client offers the services and products under the following BRICKS marks:  ADBRICKS, BRICKS, BRICKS DUET, ONEBRICKS, AND WEBRICK” …  They do not own the trademark WEBBRICK, they own WEBBRICKS (plural).   WEBBRICK on the other hand is owned by a company in the UK. (webbricksystems.co.uk)

1. They’ve given me until the 1^st October 2008 to respond to their letter with an option…  They’re prepared to withdraw there opposition to my trademark, as long as I remove some of the phrasing protecting it...  Seems easy enough?  One problem, by agreeing to their terms, the website musicbrick.com will be financially bankrupt and closed within six months.  The amendments will stop musicbrick.com from trading as a business, by preventing the website from advertising or promoting in any shape or form…  Quote “Not to use its trademark “MUSICBRICK” for advertising or promotional services of any kind…  The final details would have to be set out in a formal agreement” 

If you’re new to this everything is explained in my last Blog.

Ok, a quick update… Well I’ve sent a letter to the Fish and Richardson PC, they’re the lawyers acting on behalf of Coupon Inc, the company who are opposing my trade mark along with their insistence that they want me to rename my website and give up all related domain names I have, or in they will consider seeking damages and costs.

Damages and costs, for what!!

It’s a shame about the internet I’d normally just consider burning them so they couldn’t get their hands on them, but heh! This is the 21st Cetntury

I decided to use my trademark lawyer to get the definitive “No” and “Get off my train” across, because if it was left to me I’d probably end up in court for telling them how I really feel!

Lot’s of things have happened since my last blog. As I explained I cannot and will not fight them legally, the financial implications would be ridiculous for both me and my family. So, the only way I know how is to go o the online community and start a campaign.

Two years I’ve been developing musicbrick.com and I’ve sacrificed too much of my and my family’s time to give up, I will not let them just walk over me. I cannot afford a long legal battle and they know that. So, I’ve decided the only way forward is to ask as many people as possible to help make a stand for musicbrick.com.

I realise, there’s far more important issues going on in the world today, and I may be just another hard luck story, but I was not brought up to lie down and give in.

So, I’m asking every one of you directly, “Please will you support musicbrick.com?”

Please visit here to add your support and find out more and grab either one of these support badges.

1. Without a doubt the best way is to create a musicbrick, better still create a pallet full. Every new musicbrick you create will make the Musicwall climb higher, the higher we climb the more interest we will generate.
http://www.musicbrick.com/default.aspx

2. Join our facebook group ‘I support musicbrick.com’ here and let your facebook friends know about our group. http://www.new.facebook.com/group.php?gid=38880319352

3. Showcase our badge ‘I support musicbrick.com’ in your online presence. Get your cool support badge here. http://www.musicbrick.com/support

4. Encourage your friends and family to join in, tell everyone you know about our plans to build the tallest structure in the world using the power of music. Every song that’s ever been written means something to someone in the world.

How else, can I fight this threat without it crippling me financially ?. I can’t!. The only way I know is to ask the members of musicbrick.com and the online community to support the campaign and stop this assault in its tracks.

Cheers
Martin

Been a long time coming to write another blog, Reasons? Only one, busy? busy in my day job then busy doing the nightshift! lol

For those who are visiting the site and are maybe not aware of what we're trying to achieve here at musicbrick.com, here's a little bit of background information...

musicbrick.com has been live for over nine months. musicbrick.com is a platform for music, but more specifically songs that trigger memories. We're hoping to create an arena that showcases the depth and diversity of the music around us, but more importantly what it means on a personal level. Each song and connected experience form one music brick. The goal is to build the tallest structure in the world with the accumulating music bricks.

On to something a little more serious, I decided to apply for a trademark for musicbrick, used all the correct channels; patent office etc.

Everything going great until I received an email today from a law firm in the United States, Fish & Richardson PC, as it turns out one of the biggest law firms in America that deal with trademarks and litigation, they?ve just won $18,000,000 for Deep Nines Technologies and convinced a judge to set aside 1.5 billion dollars against Microsoft, this being the biggest patent case ever? Oh what Joy!!!

With offices in Atlanta, Austin, Boston, Dalls, Delaware, New York, San Diego, Silicon Valley, Twin Cities, Washington DC. Then Marvelous!!!

Acting on behalf of a multi million pound American company called Coupon Inc. The reason? Because they hold trademarks for BRICKS, ADBRICKS, WEBBRICKS, AND ONEBRICKS and their business?. 'Coupons, Inc.'s core couponing, customer acquisition, and e-mail marketing services provide clients with creation, distribution, tracking, and reporting of consumer-printed coupons that can be used for traditional in-store redemption.'
Will someone please tell me what musicbrick.com has to do with any of that? And why or how musicbrick.com impacts on their business?

Bear in mind there are already over 230 trademarks with ‘brick’ or ‘bricks’ in the name here's few examples, pearls like; magicbrick, thinkbrick and betterbrick, these would make nice coupon promotions, but musicbrick.. No!
And there are websites existing today; webbricks.com, adbricks.com, onebrick.com that have no connection to Coupon Inc.

The trade marking company I used has just informed me the next stage is to reply to their letter which by the time it's resourced and sent will see off the best part of £600? for one letter? I'm just a painter and decorator for christ?s sake it takes me nearly two weeks to earn that. A guy who followed a desire to create something unique and special around my love of music.

They've given me until the 29th of August to reply and until the 9 September to withdraw my trademark application and kindly given me six months grace to change the name of musicbrick.com or they are going to
'could include pursuing your present use of trademark MUSICBRICK on the internet and the above mentioned domains as well as seeking damages and costs?' Give it up for big business Whoopedee Doo!!!

Give up all brick related websites? I have musicbrick.co.uk, musicbricks.com and musicbricks.co.uk and that was just to stop domain piracy or kidnapping..

So I've created a musicbrick http://musicbrick.com/ViewBrick.aspx?BrickID=76886 for all the dreamers, the achievers, the doers, the people who never tire of trying, who strive to accomplish. This is to the people who sacrifice part of their lives and their family's lives in the hope of a dream. To the bands and artists who push themselves to the limit, to achieve something, anything, a piece of recognition, a write up in a magazine or local newspaper. To all the people who want to do something unique!

Below is the entire letter I received, donations or coupons above £50,000.00 will be greatly received. Lol.

Musicbrick.com is nearly 4 stories high and growing daily, it?s been a fantastic journey up to now. We've re-mortgaged the house and are in the middle of a re-design for musicbrick.com. The son of musicbrick.com will be multi layered with the emphasis on being more fun, more enjoyable to use and more interactive.

But seriously, does anyone have experience with this? waiting and counting my coupons until 'D' day.

Martin

This could end up a long one, but at the end of the day it is my diary. Still waiting for the design for some publicity, if anyone knows a good press release writer let me know; my attempts have been absolute pants!!

I've been blown away by the bloggers! It started by again googling musicbrick, that's were I came across you chatting; big thans to Subville 2008 and Workandbooks

Thanks so much for all your musicbricks, a breath of fresh air with some really cool and new tunes.

It all started with Jason and then Rosalind with a musicbrick about football, it's funny how a memory like this can be bookmarked with a song.

This song reminds me of May 2006, when I went to Paris with my friend Jenni for the Champions League final, in the hope that Arsenal might win the trophy. I had a ticket for the match, and guarded it closely whilst travelling to Paris, and to the stadium..
http://musicbrick.com/ViewBrick.aspx?BrickID=75541

it's amazing the breadth of music we may never get the chance to hear, for loads of reasons really... There was one musicbrick in particular with one of the coolest, funkiest tunes I've heard in years;

big thanks to Gill for One Nation Under The Groove by Funkadelic
I never thought I'd find it actually, but here it is. Recorded in 1978 this was played regularly, every week at my local under 18's disco. I still have the LP tucked away...
http://musicbrick.com/ViewBrick.aspx?BrickID=75542

Then to Lucy for her 'Uni' musicbrick

Hmm well...first time I heard this song, I was really confused. It was like nothing I'd heard for a while! I don't know where I heard it first, and I didn't know anything about it. It never really registered. But last year was my first year at university. And I have to say it was absolutely the best year of my life. This song reminds me...
http://musicbrick.com/ViewBrick.aspx?BrickID=75550

And of course to Jemma, Kirsty, Jackie, Phil... Cheers everyone!!

Hope everyone had a great xmas and new year, time to start getting fat again ... err, I mean fit. lol

Having a new logo designed for musicbrickcom just waiting for the first draft ... that's the boring stuff over with, had some caracking musicbricks over the the New Year.

Big thanks to Rosalind for her Nelly Furtado music brick...This song reminds me of May 2006, when I went to Paris with my friend Jenni for the Champions League final, in the hope that Arsenal might win the trophy. I had a ticket for the match, and guarded it closely whilst travelling to Paris, and to the stadium...

and to Jason Frapp for the angry mob by the Kaiser Chiefs
... I was driving the youngest and my daughter to a party, with the two of them sitting in the back inanely chattering to each other about every subject under the sun, that six year olds could possibly think of… The taste of apples, where is North, how many stripes on a zebra, how the sun and the moon float in the sky, who makes Barbi’s clothes, who’s got the biggest feet...

Come on... take a look there's something there for everyone!!

I WOULD JUST LIKE TO WISH ALL BLOGGERS A VERY HAPPY CHRISTMAS AND MAY ALL YOUR DREAMS COME THROUGH FOR THE NEW YEAR!

A big thanks to everyone who posted a music brick, look forward to seeing you all in the New Year!!

Today I decided to check out what google does when I search musicbrick, was surprised to see the response with bits and pieces popping up from all over the internet then spotted;

Theater Heaven :: General :: Off Topic :: Musicbrick.com ... Musicbrick.com « Thread Started on Yesterday at 10:09am » ...

What this I thought and followed the link;

This U.K.-based website has come up with a pretty original and amazing concept that I just had to share:

http://www.musicbrick.com/

I nearly fell off my chair, actually thought it was one of my friends helping promote mbrick, but when I delved deeper it was from someone who'd actually taken the time out and wrote something very special (special for me that is)about my website... thank you thank you thank you! MizLigia from http://www.broadwaycafesociety.com/

And thanks to underthemisletoe writing about Make it Rain by Tom Waits
I started looking around youtube with my son for more Tom Waits stuff, I like to listen to music loud and came across this track ‘Make It rain’. When he started singing my son ran out the room in terror. The way Tom attacks this song is venomous I still haven’t listened to what the song is about! still can’t get over his performance.

http://musicbrick.com/ViewBrick.aspx?BrickID=75514

The video and the song are there in his music brick

I think I can understand the scepticism surrounding ‘another’ new website, even more so when already being a member of a one site someone else comes along trying to encourage you to leave.

When you hear the success stories surounding websites it sounds so easy; write a blog, sit back and watch the fire take hold… In the real world things are so different

So many of you already own blogs, so you’ve already have the experience in trying to encourage people to join in. Any feedback about how you went about it would be greatly appreciated, I'm a little bit worried about pushing too hard too soon. I suppose longevity and keep posting/promoting is the name of the game... We'll see

Just getting through some stuff in my head!! And on the brighter side got some really positive feedback from Liverpool University and from Venturenavigator.co.uk.

Another new music brick arrived a few days ago...

poco a poco as they say in Spain.

Janis Joplin; Me and Bobby McGee written by John N
Just lost a good friend, someone who was a part of my life during the 90’s.

...Tanned beyond belief no matter what time of the year it was. Glassy eyed; with a large Grouse whisky and a grin on his face as big as a Cheshire cat who’d just ate all the cheese, swaying from side to side to the music with his finger pointing at his mate, who was actually called Bobby McGee, singing his head off to the chorus.

Thanks John

Is it me, or does everyone seem to be working backwards, I mean companies take your call, understand exactly what you want and even offer advice on how to improve it, then once you've accepted everything and ordered they drop into reverse and I end up having to chase after them to get a result.

They do say patience is a virtue. lol

Another musicbrick arrived Gary Numan and 'are friends electric';


Yo Sammity Sam; Are Friends Electric...
"My love of Gary Numan came about because someone mentioned to me in passing, that I looked like him and with him being the coolest person on the planet at that time I became Gary Numan.

I was allowed to decorate my room anyway I wanted. This amounted to a black and white zebra-crossing on my ceiling, lime green wallpaper with white vertical stripes on two walls, my bed perched on top of wardrobes and a huge black circle with the picture, I painted, of Gary Numan’s face in a negative. I think it was off one of the album or single covers"

Thanks yo sammity sam